question_answer

Direction: This section consists of fifty (50) questions. Follow the instructions carefully and choose the most appropriate option:

The question number 111-145 in this section consists of legal proposition(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purpose of this section. In other words, in answering the following question further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason.

To answer a question, the given principle is to be applied to the given facts so as to arrive at most reasonable conclusion.

Principle: An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following Direction of his employer. He may use his own discretion in execution of the work assigned.

In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.

Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started 1 ate from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed the Direction and ultimately due to high speed an accident took place causing injuries to a person.

A) Ramesh would be held liable for damages as he exercised the control by giving Direction to the driver.

B) Ramesh would not be held liable for damages because the drive r was an independent contractor and not his servant.

C) Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving.

D) Ramesh would not be liable as car was not owned by him.